Jason P. Howie

This decision addresses several motions between the parties, including undertakings and refusals arising from cross-examinations, a request for Employment and Social Development Canada (ESDC) to produce certain files and employees as witnesses, and whether the plaintiffs should be granted leave to file a supplementary affidavit in the context of a summary judgment motion.

The court discusses the privacy and production issues related to ESDC records, the discretion of the Minister under the Department of Employment and Social Development Act, and the test for granting leave to file supplementary affidavit material.

The court also rules on costs and sets out principles for undertakings and refusals.

The accused, Marvin Watson, sought a bail review under s. 520 of the Criminal Code after being detained for serious drug trafficking and money laundering charges.

The court found errors in law in the original Justice of the Peace's decision regarding the secondary and tertiary grounds for detention, and the failure to consider s. 493.2 of the Code.

The court conducted a de novo bail hearing, considering the strong Crown case, the gravity of the offences, and the proposed strict bail plan with multiple sureties and GPS monitoring.

The court concluded that the applicant discharged his onus on all three grounds (primary, secondary, and tertiary) and ordered his release under stringent conditions, including house arrest and no access to communication devices.